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Masters Degrees (Criminology and Forensic Studies)

Permanent URI for this collectionhttps://hdl.handle.net/10413/7767

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Browsing Masters Degrees (Criminology and Forensic Studies) by Author "Hadebe, Philisiwe Nicole."

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    Analysis of Independent Police Investigative Directorate investigators’ experiences of the application of Section 28(1)(f) of the IPID mandate, torture and assault, by police officials in KwaZulu-Natal, South Africa.
    (2017) Hadebe, Philisiwe Nicole.; Gopal, Nirmala Devi.
    The South African Police Service officers have informally incorporated the operational methods of torture and assault in the execution of their duties in the reformed police service of South Africa. This historical conversation of police torture and assault has generated a debate over what constitutes torture and what has caused the persistence of this blunder in the police service. This study went a step further by exploring accountability mechanisms that are in place to reduce incidences of torture and assault. The investigation entailed an analysis of the effectiveness of the Independent Police Investigative Directorate (IPID) strategies and challenges encountered by investigating officers in addressing section 28(1)(f) of the IPID mandate. The analyses of the experiences of the selected IPID investigating officers strove to determine the nature of police torture and assault in this country’s democratic dispensation and to determine the stumbling blocks that exist in the SAPS and IPID organisations for the reduction of police torture and assault in KwaZulu-Natal. This study adopted a qualitative interpretive phenomenological approach. In-depth interviews were conducted with ten (n=10) IPID investigating officers whose investigations were guided by section 28(1)(f) of the IPID mandate in the KwaZulu-Natal province. The participants were selected by means of the purposive sampling technique. Using a thematic analysis approach, the study revealed that assault in KwaZulu-Natal province includes slapping, kicking and punching a suspect whereas torture constituted strangulation, suffocation, electrocution and tubing and occurred predominantly when the police were searching for information about dagga, firearms and undetected suspects. The influx of cases of torture and assault is the outcome of several problems, namely public’s lack of understanding of the police procedures, public provoke the police, excessively volatile raids, inadequate police training as it does not address the challenges that the police experience in their occupational setting, and management pressure on the police to meet projected targets for firearm or drug retrieval. More specifically, the study also found that, in addressing the issue of police torture and assault, IPID investigating officers encountered various challenges such as a lack of evidence from complainants, lack of police cooperation, lack of complainants’ cooperation in the investigation, and lack of resources. The findings thus suggest that investigation strategies in terms of police brutality are ineffective due to investigative challenges. This in turn renders the disciplinary and criminal conviction strategies ineffective in ensuring police accountability. As a result, torture and assault by police officers are perpetuated.
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    The effectiveness of the Independent Police Investigative Directorate in investigating Section 28 (1)(B) death as a result of police action and Section 28 (1)(G) police corruption in KwaZulu-Natal, South Africa.
    (2021) Mbhele, Asanda.; Maweni, Vuyelwa Kemiso.; Hadebe, Philisiwe Nicole.
    Background: South Africa’s transition to a democracy brought with it a holistic accountability system geared towards aligning the South African Police with democratic principles. This study focuses on one component of this accountability system, the Independent Police Investigative Directive (IPID) which is responsible for the police misconduct and in ensuring accountability from the crimes committed by the police officers in SA. The aim of this study is to examine whether the IPID is an effective oversight mechanism in terms of ensuring accountability on the part of the South African Police Services (SAPS). It examines, in particular, the IPID’s mandate to investigate corruption matters and deaths that result from police action within the SAPS, and to determine whether, in its current form and capacity, it is effectively fulfilling its mandate. Methods: The study adopted a qualitative research approach. Data were collected from ten (n=10) IPID investigating officers who are responsible for the investigation of Section 28 (b) and (g) of the IPID mandate in KwaZulu-Natal. The sample was obtained using purposive sampling. Semi-structured in-depth interviews were conducted and recorded with a voice recorder. The data were analysed through thematic analysis. Findings: The findings of the study revealed that the willingness of the public to offer bribes to the police officers results in low conviction rates. It was also revealed that greediness plays a major role in contributing to police corruption. The killings of suspects and innocent bystanders was also viewed as a major problem in the KZN province. The participant’s revealed that the killings of police officers during their execution of their duties is the main factor that contributes to the killings of people. The study also discovered that various challenges, such as a lack of evidence from complainants, a lack of police cooperation, a lack of complainants' cooperation in the investigation, and a lack of resources and manpower within the IPID, contribute to the low conviction rates of police corruption and death as a result of police action. As a consequence of the data, it appears that police corruption and death as a result of police action investigation tactics are inefficient owing to investigative challenges. Keywords: Police officer, South African Police Service, Independent Police Investigative Directorate, Accountability, Conviction, Police Corruption, Death as a result of police action, Complainant, Suspect